Arbitration - As the Parties See It - Union Point of View (From Arbitration Promise and Performance, P 37-60, 1984, James L Stern and Barbara P Dennis, ed. - See NCJ-94688)

• NCJ Number: 94690
• Author(s): W Newman; C W Wilson
• Date Published: 1984
• Length: 22 pages
• Sale Source: Bureau of National Affairs
• Language: English
• Country: United States of America

Annotation

The problem of delay and excessive costs in arbitration could be substantially lessened if the procedure were streamlined. Four expedited arbitration programs were surveyed: International Union of Electrical, Radio and Machine Workers, General Electric Program; United Steelworkers of America Program; United Mine Workers of America, Bituminous Coal Operations Association Program; and International Union of Electrical, Radio and Machine Workers, General Motors Program.

Abstract

Expedited arbitration is being used by only a limited number of unions and employers for a limited number of cases. Despite the fact that it has not proven to be the panacea expected, it works much better than the traditional procedure. Benefits include stripping unnecessary cases from the process short of arbitration; minimizing the time and cost in processing arbitration cases; developing a group of acceptable new arbitrators; and returning grievance resolution to the local level, which has a salutary effect on the labor relations of union and management. There is no empirical evidence to support the claim that the streamlined procedural features of expedited arbitration contribute to increased fair-representation liability, particularly in discharge cases. If union and management want to make their arbitration a first-rate process, they should require all cases to be expedited unless they mutually agree otherwise. Regarding the use of arbitration as an antidiscrimination tool, reasons for arbitrators and participants to give renewed consideration to the expanded use of arbitration in Title VII matters are identified.